Divorce is a life-changing experience, and for many, one in their lifetime. The changes you will experience are physical, financial, and emotional.

Physically, you and your spouse will become independent separate adults and live apart. If you have children, you will likely be co-parenting for years to come.

Financially, two households must now support the same family income that used to support one household, and, if you have children, computations of child support and spousal support may be required. Your community assets will need to be divided.

Emotionally, a divorce can be stressful experience which taxes every emotion.

Our 30 years of experience and level of professional care will assist you to successfully overcome the challenges to the physical, financial, and emotional changes caused by divorce.

Why Choose Us

We have practiced divorce law over 30 years for thousands of clients. We have also practiced bankruptcy, civil litigation, estate planning, and criminal law for over 30 years. While your primary requirement may be divorce, your case may require application of other legal fields, such as bankruptcy and estate planning which may compliment and support your case. We have a vast reservoir of experience, knowledge, and multiple specializations to draw upon to get you through the divorce process and minimize its effect upon the physical, financial, and emotional changes it brings.

Every divorce is unique. Our attorneys will assist you to find fulfilling, creative, lasting and practical solutions to issues that arise in your divorce. These issues include how your assets will be divided, what you will tell your children, whether a child support and/or spousal support order will enable you to maintain your lifestyle, and what custody or visitation arrangement will give you the most time with your children.

We’re Your Partners

We’re more than your divorce lawyers. We will be your partners during the dissolution of your marriage. We will see that you and your family are legally, financially, and emotionally protected during the process of reversing the legal relationship you have with your spouse and help you design a plan that establishes a new relationship for the post-divorce period.

Contested and Uncontested Divorces

Divorces are generally either contested or uncontested. Generally, your agreement or lack of agreement with the following six major divorce elements, common to every divorce, determines if your case is contested or uncontested.

Six Major Divorce Elements

Common to nearly all divorces is the need for resolution of the following critical elements:
1) Division of Community Property
2) Division of the Family Home
3) Child Support
4) Spousal Support
5) Custody
6) Visitation

DIVORCE ELEMENT #1 - DIVIDING COMMUNITY PROPERTY

The larger your asset structure, the more essential it is you retain experienced counsel to protect your interest and those of your children. Our 30 year experience affords you the resources required to provide the best protection to you and your children.

50-50 Split or Not

California law generally provides for an equal distribution of community assets, but the court may make a distribution in whatever way it deems equitable and just. Certain other states decide distribution on the basis of “Equity,” which means the court evaluates a preponderance of evidence in determining how assets are to be split.

We will assist you resolve the proper distribution of your homes, cars, and personal property, consistent with your best interests.

If you have an interest in retirement accounts, a corporation, LLC, family owned business, or pension plans, IRAs and trusts, distribution of these assets involves significant tax consequences. Our 30 years of experience enables us to assist you in determining the best division of your assets, consistent with the best financial and tax strategy. We specialize in cases involving financial complexity of these assets.

DIVORCE ELEMENT #2 – DIVISION OF THE FAMILY HOME

Can I Stay in the House

Your home is a major financial and emotional investment and an icon of stability in the family. For most families it is the largest community asset. The issue of whether one party must or can move out of the residence depends on a number of factors.

Moving Out of the House

Generally, if the home is community property, neither party can compel the other to move out unless one of the party’s or the party’s children’s health, safety, or welfare is at risk. We can consult with you to determine the conditions necessary to determine if a move-out is appropriate, workable, or advisable, and assist you with the legal process to enable a move-out. A move-out will involve consideration of temporary child and support orders to provide you needed cash flow.

If I Move Out How Can I Financially Survive

We can assist you obtain temporary child and/or spousal support orders. In addition, we will assist you, as appropriate, to obtain mortgage payments.

Will the Court Order My Spouse to Move Out

The court may order your spouse to move out to protect you or your children from domestic violence or abuse.

Financial Consequences of Distribution of the Family Home

If the family home is a community asset, the equity will be distributed to the parties based on State mandated guidelines. In California, equity is to be distributed 50/50. The distribution may be achieved by selling the property, buying out the other spouse, or many other options. We can assist you determine the best option for your situation.

DIVORCE ELEMENT #3 - CHILD SUPPORT

Child support provisions can be integrated into your divorce or your existing child support orders can be modified post-divorce.

Child Support is Mandatory

Regardless if married or unmarried, every parent must contribute to the support of their children. The amount of a parent’s contribution is based on a number of factors, including the amount of time each parent spends with the child and their income as defined under various court formulas. The court may deviate from court formulas at its discretion. We have successfully argued for deviation from court formulas in situations that justify it.

Child support is mandatory and cannot be withheld due to disputes over visitation or related issues. To the extent possible, we assist our clients insure their child support payments are removed directly from the paying parent’s paycheck through the wage attachment process.

Enforcement of Child Support

If you are paying child support but are not given your visitation rights, or if you are receiving child support in an incorrect amount or not at all, we can enable you to enforce your parental rights.

Unmarried Parents

Unmarried parents have the same obligation to pay child support as married parents. Custody and visitation are either agreed to by the parties or the court will decide it based on what is in the best interests of the child.

Unfit Parents

Unfit parents may lose physical custody of their child, visitation, or both. If the other parent in your relationship is unfit, we can assist you obtain full physical and legal custody, limit visitation to the other party, or terminate parental rights altogether.

Modification in Court Orders for Child Support

We can assist you obtain a modification in your existing court orders due to significant changes in circumstances since your divorce. Significant changes in the income or resources of one of the spouses, or significant changes in the financial needs of the child may justify modification of support payments. Please contact us for additional information.

DIVORCE ELEMENT #4 – ALIMONY/SPOUSAL SUPPORT

Alimony can be integrated into your divorce or your existing Alimony court order can be modified on a post-divorce basis.

Definition

Alimony is also sometimes called spousal support. It's designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support, and to allow both spouses, after divorce, to maintain as closely as possible the lifestyles they had during their marriage. Alimony is different from child support in that child support is normally a mathematical calculation based on a state formula, whereas alimony may be computed using a mathematical calculation based on a state formula but will be at the discretion of the judge.

Who will pay Alimony, me or my spouse

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

How Long do I get it or have to pay it

This generally depends on the court’s discretion and the length of your marriage.

Tax consequences of Alimony

Alimony gets treated differently from child support on your tax return. Alimony is tax deductible to the person who pays it, and included in the taxable income of the person who receives it. Child support, by contrast, is not taxable to the person who receives it and not tax deductible to the person who pays it. That means that when you and your spouse have dramatically different incomes, there may be some tax advantages to using alimony, even if a judge wouldn't ordinarily award it.

Modification in Court Orders for Alimony/Spousal Support

We can assist you obtain a modification in your existing court orders due to significant changes in circumstances since your divorce. Significant changes in the income or resources of one of the spouses, or significant changes in the financial needs of the child may justify modification of support payments. Please contact us for additional information.

DIVORCE ELEMENT #5 - CUSTODY

Custody and visitation arrangements can be integrated into your divorce or your existing court orders can be modified post-divorce.

Integration of Custody and Visitation into Your Divorce

While the court will consider the preferences of parents for custody and visitation, the operative principle is what is in the children’s best interests. During your divorce you will need a temporary custody and visitation arrangement, and afterwards a permanent arrangement. We will help you design a parenting plan that maximizes your time with your children and produces the best economic application of the court’s child support formulas.

If circumstances have significantly changed since your divorce or child custody order, you are entitled to apply for a modification in terms of custody, visitation, alimony/spousal support, or child support.

Custody and visitation arrangements may need to change as a child grows or the circumstances of parents change. Significant changes can include:
1) Changes in the custody arrangement initiated by the child as he matures,
2) Changes in the physical location of one of the parents,
3) Changes in the risk to the health, safety, and welfare of the child because of abuse or inappropriate behavior in the other parent’s home, or
4) Changes in the school hours for the child.
Please contact us for additional information.

Emergency Hearings

Any event that subjects your child to unnecessary risk to their health, safety, or welfare may justify an emergency hearing. Please contact us for additional information.

Enforcement of Payment of Support or Debt Orders

If your spouse refuses to pay their share of the marital debt or make their support payments we can assist you.

DIVORCE ELEMENT #6 - VISITATION

Visitation may be integrated in your divorce or your existing orders can be modified on a post-divorce basis.

Guidelines

Child visitation guidelines set forth the terms of how physical custody of a child will be shared after the parents divorce. There are two types of child custody recognized by the family law system: legal custody and physical custody. Legal custody determines who will make the major decisions that will affect the child's health, education, welfare, and more. Physical custody determines where and with whom the child will spend his/her time.

When Guidelines are Established

Child visitation guidelines are established when joint physical custody is awarded.
Joint physical custody is typically arranged so that one parent has primary, or custodial, custody of the child and the other parent has child visitation rights. Courts have total discretion over child visitation guidelines and will always consider what is in the child’s best interest over the wishes of the parents.

Reasonable Visitation

The party who is not the primary custodial parent is entitled to “reasonable” visitation with the children. Reasonable for this purpose practically means 20% of a year, or 73 days. This is normally achieved through choosing the “standard” visitation arrangement of alternating weekends and holidays and two weeks during the summer.

Mediation

Child visitation guidelines can be determined through a process called mediation. During mediation, the parents will meet with a neutral third party mediator (either together or separately) who has special training in assisting parents with child visitation guidelines. The purpose of mediations is to allow both parents to create a mutually acceptable set of child visitation guidelines without going to court. If the parenting plan is in the best interest of the children and both parents can agree to the terms, child visitation guidelines developed through mediation will be honored by the family court.

If child visitation guidelines cannot be created through the mediation process, the court will intercede to make a decision. When the court develops child visitation guidelines it does so to meet the needs of the children involved.

Other Issues

Choose Your Divorce Option

If you and your spouse are in agreement with all of the six major divorce elements, your case is generally uncontested. If you and your spouse are not in agreement with any one or more of the above six major divorce elements, your case is generally contested.

Uncontested divorces can be handled by either the Attorney-Assisted or Attorney-Represented option. Contested divorces are generally handled by the Attorney-Represented option.

If your case is uncontested, you will have needed to work out an agreement with your spouse as to the six major divorce elements described above.

Divorce Agreements

You may feel you and your spouse have worked out the details of your divorce and do not need an attorney. Working out the details of the division of your marital property, child custody, visitation, and support payments, is a major accomplishment. However, whatever is worked out should be reviewed by your counsel to insure it is fair, equitable, and legally sound. You will benefit from the counsel of a trial attorney with 30 years of experience to insure you, your children, and your finances are properly protected.

If you are seeking or think you have a divorce agreement with your spouse, you may be concerned whether you need a divorce attorney, when you need to speak to a divorce attorney, whether you should reveal your divorce intentions to your spouse, what to say to your children, and whether you need protection from your spouse.

Need for a Divorce Attorney

We recognize that many couples have no assets or children and want a simple quick divorce. We also recognize there are couples who have limited assets with children who have amicably worked out details of custody, visitation, and support.

In those instances where you and your spouse have successfully and thoroughly worked out all details of your divorce, and you are completely and thoroughly knowledgeable as to what you are entitled to and what you are not, you may not need a divorce attorney. If you feel you meet this requirement, you may be best served with our Attorney-Assisted Divorce.

However, we have seen thousands of instances where one spouse comes to us after the other spouse rejects one or more provisions of their agreement, or when there was an apparent agreement by both parties but one party later sought the advice of an attorney then made a preemptive divorce filing on the other party. Oftentimes, there are things you should do to protect your assets before you begin to talk with your spouse. It is safer to have divorce counsel involved from the outset.

Timing of Consultation with Divorce Attorney

The best time to speak with a divorce attorney is before you speak to your spouse. There may be steps you need to take but have not considered to protect yourself, your children, and your property beforehand and to avoid retaliation. You need to know what you are entitled to in the way of support payments, custody, visitation, and property distributions.

Don’t Disclose Your Divorce Intentions

Talk to us first. If you raise the issue of divorce with your spouse or someone who will tip off your spouse, you may cause your spouse to go and seek the advise of someone like us, and someone like us may advise them to file on you before you file on them, thereby sabotaging your efforts to work out an amicable arrangement and instead placing you in the line of fire in what has now become an expensive adversarial relationship.

Attorney-Assisted Divorce Option for Uncontested Divorces

If your divorce is uncontested, you may wish to consider the Attorney-Assisted divorce. Under this arrangement, your divorce can be completed for an economical flat fee and usually with no court hearing. If you case later becomes contested, you than can engage us at that time to represent you under an Attorney-Represented divorce.

Under the Attorney-Represented divorce, a retainer is required and you will receive full attorney representation from start to finish, including representation at court hearings. Both Attorney-Assisted and Attorney-Represented divorces can be handled either by phone, in our office, or in your home. Our services for either attorney-assisted or attorney-represented divorces are available nationwide.

Attorney-Represented Divorce Option for Contested Divorces

A contested divorce is where one or both parties have not reached agreement on at least one of the six biggest critical divorce elements. Complex negotiations may be required to resolve the disputes, and in some cases disputes can be resolved only through trial. Our firm will utilize its 30 year history of aggressive representation to assist you achieve the best possible resolution to any and all your disputed issues.

Attorney-Represented Divorce

If your case is contested, or if your spouse has an attorney, you may wish to consider full attorney representation under the Attorney-Represented divorce. If these circumstances exist, please contact us at 800-900-5308 for your free telephone consultation. Even if your case is contested, for your convenience, it may be handled by telephone, online, or in your home.

If you are unsure if your case is contested or uncontested, and/or if your budget is limited, you may wish to first proceed with the Attorney-Assisted divorce, and then later convert to an Attorney-Represented divorce once all disagreements are identified.

Legal Separation

Legal separation deals with all the major components of divorce to include property division, child custody and visitation, and child and spousal support, but by its nature reserves the ability of the parties to reconcile a marriage that is not irretrievably broken. If you feel you and your spouse may work out the matters of dispute between you, you may wish to consider a legal separation in lieu of divorce.

Preparation of Children for Divorce

Children often feel it is their fault their parents are divorcing. This perception must be eliminated, and children must be reassured it is their parents, not them, who have caused the situation, and that they will